Mississippi § 75-55-6 - Name and/or brand name; registration; octane rating; forms; motor fuel pumps; appeal from denial of registration; termination of registration; prohibitions.

§ 75-55-6. Name and/or brand name; registration; octane rating; forms; motor fuel pumps; appeal from denial of registration; termination of registration; prohibitions.

Products regulated under terms of the Petroleum Products Inspection Law or regulations sold in this state shall have a name and/or brand name and such name shall be registered with the Mississippi Department of Agriculture and Commerce. The octane rating or antiknock index (R + M)/2 of applicable motor fuels, covered by the Federal Trade Commission Octane Posting and Certification Rule, shall be included in the registration. The name of the establishment, address, city, state, zip code, county and telephone number shall also be included in the registration. Registration forms shall be provided by the Mississippi Department of Agriculture and Commerce. The commissioner or his agent shall refuse the registration of any product under a name that is misleading to the purchaser of such a product. The commissioner or his agent, in his discretion, may refuse to permit any name or brand of gasoline where a similar name or brand has already been permitted. The sale of any product under any brand name that is not registered with the department or does not meet the standards of the registration form shall not be permitted. Pumps shall be locked down until the product or products have been duly registered or brought up to specifications. Every pump dispensing motor fuel at retail shall conspicuously display the name and/or brand name being sold therefrom exactly as such name and/or brand name that is registered with the department. Each pump shall conspicuously display the octane number of the product. The octane number designation shall be changed whenever the product is changed. Each diesel pump dispensing those products at retail shall display the words “No. 1 Diesel” or “No. 2 Diesel.” Each kerosene pump or fuel oil pump dispensing those products at retail shall display the words “No. 1-K Kerosene” or “No. 2-K Kerosene” or indicate the proper grade of fuel oil depending on the product dispensed. The labeling of all petroleum products on pumps shall be on both sides of the dispensing device which faces the vehicle and shall be in a clear and conspicuous place in type of at least one-half (1/2) inch in height, and one-sixteenth (1/16) inch stroke (width of type). Any application for registration that is denied may be appealed to the commissioner within thirty (30) days from the date of denial of such application. Any person who registered a brand name for a motor fuel and fails or discontinues to sell or deliver a registered product shall notify the commissioner within sixty (60) days after date of registration or date of last invoice or delivery ticket. Failure to notify the commissioner shall automatically terminate and cancel the registration of the brand name and the quality specification. The commissioner is further authorized and empowered following the terms of the Mississippi Administrative Procedures Act to make such reasonable rules and regulations, particularly in emergency situations, which, in his judgment, will contribute to a more efficient administration of this article. Such rules and regulations, when made, shall have the same binding force and effect as if incorporated in this article; provided further, that such rules and regulations made during the said emergency periods shall be withdrawn following cessation of any such emergencies. The commissioner is hereby authorized to prohibit the sale of any taxable petroleum product which is not in compliance with the provisions of this chapter.